KALINICH v. KALINICH

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The trial court's determination that the plaintiff proved his entitlement to a divorce on the ground of constructive abandonment (see, Domestic Relations Law § 170; Diemer v Diemer, 8 N.Y.2d 206), was based upon its evaluation of the credibility of the parties. We see no reason to disturb that evaluation on appeal (Caso v. Caso, 161 A.D.2d 683; Raso v. Raso, 129 A.D.2d 692).

The defendant's remaining contention is unpreserved for appellate review. Mangano, P.J., Altman, Hart and Florio, JJ., concur.